01.
Persons
Who Must Obtain a Permit. Any person who discharges or proposes to
discharge a pollutant from any point source into waters of the United States,
or who owns or operates a sludge-only facility whose sewage sludge use or
disposal practice is regulated by 40 CFR Part 503 or these rules, and who does
not have an IPDES or NPDES permit in effect, shall submit a complete IPDES
permit application to the Department, unless the discharge, proposed discharge,
or TWTDS: (3-24-22)
a. Is covered by one (1)
or more general permits in compliance with Section
130 (General Permits). Any
applicant must complete a notice of intent for any discharge or proposed
discharge that is covered by one (1) or more general permits;
(3-24-22)
b. Is excluded from IPDES
permit requirements under Subsection
102.05; (3-24-22)
c. Is by a user to a privately owned
treatment works, and the Department, under Section
370 (Pretreatment Standards), does
not otherwise require the person to apply for a permit; or (3-24-22)
d. Is a TWTDS facility that uses or disposes
of sewage sludge to which a standard applicable to its sewage sludge use or
disposal practices have not been published. Such facilities shall submit
limited background information, as specified in Subsection
105.17.o., within one (1) year
after publication of applicable standards. (3-24-22)
02.
Operator's Duty to Obtain a
Permit. When a facility or activity is owned by one person but is
operated by another person, it is the operator's duty to obtain a permit.
(3-24-22)
03.
Permits Under
the Clean Water Act Section
405(f)
.
All new and currently permitted TWTDS whose sewage sludge use or disposal
practices are regulated by 40 CFR Part 503 must submit permit applications
according to the applicable schedule in Subsection
105.17. The Department may
require permit applications from any TWTDS at any time if the Department
determines that a permit is necessary to protect public health and the
environment from any potential adverse effects that may occur from toxic
pollutants in sewage sludge. (3-24-22)
04.
Designation of Small Municipal
Separate Storm Sewer Systems (MS4s). DEQ shall designate a small MS4
that is not located in an urbanized area, as determined by the latest Decennial
Census by the Bureau of Census, as a regulated small MS4 that must be covered
by an IPDES permit if the Department determines that: (3-24-22)
a. The storm water discharge results in or
has the potential to result in exceedance of water quality standards or other
significant water quality impacts; or (3-24-22)
b. The storm water discharge contributes
substantially to the pollutant loadings of a physically interconnected
municipal separate storm sewer that is regulated by the IPDES storm water
program. (3-24-22)
05.
Exclusions from Permit. A person shall not discharge pollutants
from any point source into waters of the United States without first obtaining
an IPDES permit from the Department or coverage under an IPDES general permit,
unless the discharge is excluded from IPDES permit requirements or the
discharge is authorized by an IPDES or NPDES permit that continues in effect.
The Department will not require persons to obtain IPDES permits for facilities
or activities that are not required to obtain NPDES permits from EPA under the
Clean Water Act and federal Clean Water Act regulations. Discharges excluded
from IPDES permit requirements, but that may be regulated by other state or
federal regulations include: (3-24-22)
a. Any
sewage discharge from vessels and any effluent from properly functioning marine
engines, laundry, shower and galley sink wastes, or any other discharge
incidental to the normal operation of a vessel of the U.S. Armed Forces within
the meaning of the Clean Water Act section
312, and a recreational vessel
within the meaning of the Clean Water Act section
502(25). None of
these exclusions apply to: (3-24-22)
i.
Rubbish, trash, garbage, or other such materials discharged overboard; nor to
(3-24-22)
ii. Other discharges when
the vessel is operating in a capacity other than as a means of transportation
such as when used as: (3-24-22)
(1) An energy
or mining facility; (3-24-22)
(2) A
storage facility, or when secured to a storage facility; or (3-24-22)
(3) When secured to the bed of the waters of
the United States for the purposes of mineral or oil exploration or
development; (3-24-22)
b. Any discharge of dredged or fill material
into waters of the United States that is regulated under the Clean Water Act
section 404;
(3-24-22)
c. Sewage, industrial
wastes, or other pollutants discharged into publicly owned treatment works
(POTWs) by an indirect discharger who has received a will-serve letter
authorizing the discharge to the POTW. Plans or agreements to switch to this
method of disposal in the future do not relieve dischargers of the obligation
to have and comply with permits until all discharges of pollutants to waters of
the United States are eliminated. This exclusion does not apply to the
introduction of pollutants to privately owned treatment works or to other
discharges through pipes, sewers, or other conveyances owned by a state,
municipality, or other party not leading to treatment works;
(3-24-22)
d. Any discharge in
compliance with the instructions of an on-scene coordinator under
40 CFR Part
300 (The National Oil and Hazardous
Substances Pollution Contingency Plan), or
33 CFR
153.10(e) (Control of
Pollution by Oil and Hazardous Substances, Discharge Removal);
(3-24-22)
e. Any introduction of
pollutants from non-point source agricultural and silvicultural activities,
including storm water runoff from orchards, cultivated crops, pastures, range
lands, and forest lands; however, this exclusion does not apply to discharges
from concentrated animal feeding operations (CAFO) as defined in
40 CFR
122.23, discharges from concentrated aquatic
animal production (CAAP) facilities, discharges to aquaculture projects, and
discharges from silvicultural point sources; (3-24-22)
f. Any return flow from irrigated
agriculture; (3-24-22)
g.
Discharges into a privately owned treatment works, except as the Department may
otherwise require under Subsection
302.15; and (3-24-22)
h. Discharges from a water transfer. This
exclusion does not apply to pollutants introduced by the water transfer
activity itself to the water being transferred. (3-24-22)
